Legal Question in Criminal Law in South Carolina
minor possession beer
My daughter was with some friends st Myrtle Beach they visited two other friends at the Poindexter and they had only been there less than 10 Minutes and the Excalibur Security gave all 6 kids tickets 2 admitted guilt but all went to jail, posted 153 bond, first time offenders,no breathalizer given, not holding alcohol, said came in because of fire works, none found in room, need help, can a secuity guard write tickets, what is the most likely outcome of this situation, 3 in nursing program, do not need on their records, do we need an attorney, everyone panicing, NEED QUICK RESPONSE COURT DATE 7.16.07 Please help, we live in North Carolina
1 Answer from Attorneys
Re: minor possession beer
I will answer your questions, then tell you what can be done to keep this off their records. I am a criminal lawyer in Myrtle Beach and handle these cases all the time. They do not give the breathalizer on these charges. They were charged with being in possession of alcohol, not being intoxicated or with having drank the alcohol. They don't have to actually be holding the alcohol, just being in the same room with it or in close proximity to it. They don't have to actually find fireworks. Yes, a security guard can write a ticket and arrest people.
Here's what they can do. They qualify for the PTI (Pre-Trial Intervention) program. When I represent people on these charges, I contact the court and have the court date canceled, so that they don't have to travel down here for that. Then I meet with the prosecutor and get the person entered into the program. They will have to pay a fee to get into it, then they will have to do some community service. They can do that community service in their home state without coming here. The program people are very understanding of work and school schedules. After they complete the program, there is no court, no fine, no prosecution, the bond money is refunded, and most importantly, the arrest record is destroyed. When I represent people from out of state on these charges I do everything here so that they do not have to come back here at all. You can call me today if you would like. This site will not let me type in a phone number here, but you can go back and click on my name to get it. Or, you can email me at [email protected] Robert Johnston